This End User License Agreement (“Agreement”) is a binding legal agreement between you (“you” or “user”) and Mieron, Inc. (“Mieron” or “Licensor”) for at-home use of Mieron software products and VR games.  If you are entering into this Agreement on behalf of your dependent (and you have the legal authority to sign contracts on your dependent's behalf), then “you” refers to your dependent.  If not, then this agreement binds you personally.

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You certify that you are of the legal age of majority in the jurisdiction in which you reside or, if you are between the ages of 13 and the legal age of majority, that you are using the Application with the supervision of your parent or legal guardian who agrees to be bound by this Agreement. 

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This Agreement governs your use of the Application.  This Agreement is between Mieron – the publisher of the Application – and you – the end-user of the Application. This Agreement applies to you unless you and Licensor enter into a separate, valid license agreement, in which case the terms of that separate license agreement shall govern.

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NOTE: IF YOU ARE A UNITED STATES RESIDENT OR A RESIDENT OF A COUNTRY IN NORTH, CENTRAL, OR SOUTH AMERICA, TO THE FULLEST EXTENT PERMITTED BY LAW, THIS AGREEMENT CONTAINS A BINDING INDIVIDUAL ARBITRATION CLAUSE AND CLASS ACTION WAIVER PROVISION IN SECTIONS 9 AND 10 THAT AFFECT YOUR RIGHTS UNDER THIS AGREEMENT AND WITH RESPECT TO ANY DISPUTE (DEFINED BELOW) BETWEEN YOU AND LICENSOR.

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1. DEFINITIONS.

   1. “Application” means any Licensor software, program or application that, without limitation, provide to you with Mieron, Inc. published experiences.  Application includes any items incorporated within Licensor's software, program, or application (including any images, photographs, clipart, libraries, and examples). The Application further includes any items related to the software, program or application (including any application program interface, tool, code, plugin, importer, exporter, or executable).

   2. “Equipment” means any device that you utlize for the purpose of using the Application.

   3. “Dispute” means any dispute, claim, or controversy between you and Licensor or any of its current or former affiliates, including parents and subsidiaries, and any predecessor or successor entity to Licensor regarding the use of the Application or this Agreement, whether based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability, or scope of this Agreement and its Sections 9 and 10 below. Accordingly, “Dispute” has the broadest possible meaning that will be enforced.

2. GRANT OF LICENSE. 

   1. The Application is available to you by Licensor in exchange for your payment to use the Application.  Under this Agreement and subject to its terms, unless and until this Agreement is terminated, Licensor grants you a limited, personal, non-exclusive, non-transferable, non-assignable, non-transferable, non-sublicensable, license to access and use the Application solely for your personal purposes.  This license is for personal use only.  

   2. Licensor does not transfer any right, title, or interest in and to the Application to you.  Licensor is, and shall be, the sole and exclusive owner of the entire right, title, and interest in the Application, inclusive of all enhancements, changes, derivative works, modifications and customizations to the Application, existing now or in the future, and all intellectual property rights therein and/or attached thereto.

   3. Any rights in the Application not explicitly granted to you by this Agreement are reserved by Licensor, including rights to all intellectual property contained in the Application. Accordingly, this Agreement does not grant you the right to, and as a condition of this Agreement you agree not to do, the following:

      1. rent, lease, or sublicense the Application or make it available to other users;

      2. modify, adapt, translate, reverse engineer, decompile, or disassemble the Application;

      3. create derivative works from the Application;

      4. create or make available unauthorized modifications; and/or

      5. copy, publicly perform, or broadcast the Application in an unauthorized manner.

3. UPDATES AND ONLINE SERVER SUPPORT.  This Agreement will apply to all Application updates, including all downloadable content for the Application.  Licensor may, by automatic update or otherwise, modify the Application at any time for any reason. If the Application uses online servers, Licensor makes no commitment to continue to make those servers available, and may terminate online features at any time.

4. INTERNET CONNECTION.   Some Application features may require an Internet connection, which you must provide at your own expense.  You are responsible for all costs and fees charged by your Internet service provider related to the use of the Application.

5. SAFETY NOTICE.  Before using the Application, read the health and safety warnings provided in the VR headset instruction manual and follow all instructions for setup and use. The Application is not for use by children under the age of 10.  The Application is recommended to be used under supervision.  Review surroundings and clear obstacles before use and prevent obstacles from entering the area during use.  Some people may experience nausea, motion sickness, imbalance, disorientation, blurred vision or other discomfort while reviewing virtual reality content or using the Application.  If you experience any of these symptoms, stop using immediately and remove the VR headset. 

6. WARRANTY, DISCLAIMER, AND LIMITATIONS OF LIABILITY AS TO THE APPLICATION. 

   1. EXCEPT AS PROVIDED HEREIN AND TO THE MAXIMUM EXTENT ALLOWABLE UNDER LAW, LICENSOR DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

   2. WITHOUT LIMITING THE FOREGOING, LICENSOR DOES NOT WARRANT THAT OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE APPLICATION WILL BE COMPATIBLE WITH ANY OTHER PRODUCT, OR THAT THE APPLICATION WILL WORK PROPERLY ON EQUIPMENT NOT PROVIDED TO YOU BY LICENSOR.

   3. TO THE MAXIMUM EXTENT ALLOWABLE UNDER LAW, LICENSOR WILL NOT BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS, LOSS OF DATA, OR ANY OTHER FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE APPLICATION, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY, OR OTHERWISE, REGARDLESS OF WHETHER LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL LICENSOR’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT PAID TO USE THE APPLICATION.

7. WARRANTY AS TO EQUIPMENT.

   1. TO THE MAXIMUM EXTENT ALLOWABLE UNDER LAW, LICENSOR DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE EQUIPMENT THAT IS USED TO FACILITATE THE USE OF THE APPLICATION, AS THE EQUIPMENT IS NOT MANUFACTURED OR DESIGNED BY THE LICENSOR, AND ANY LIABILITY ARISING FROM ALLEGED DEFECTS IN MANUFACTURE, DESIGN, OR WARNINGS FOR USE OF THE EQUIPMENT SHALL BE THE RESPONSIBILITY OF THE MANUFACTURERS AND DESIGNERS OF THE EQUIPMENT.

   2. TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE EQUIPMENT MANUFACTURER’S AND DESIGNER’S WARRANTIES AS TO THE EQUIPMENT SHALL PASS THROUGH LICENSOR TO YOU. 

   3. TO THE EXTENT THAT YOU RECEIVE PROCEEDS FROM THE BENEFIT OF SUCH THIRD-PARTY WARRANTIES, SUCH PROCEEDS SHALL OFFSET ANY LIABILITY OF LICENSOR OTHERWISE OWED TO YOU ARISING OUT OF THE CIRCUMSTANCES GIVING RISE TO SUCH THIRD-PARTY CLAIM.

8. MEDICAL DISCLAIMER.  

   1. You represent and warrant that, prior to any use of the Application, you consulted with your physician or other healthcare professional to your and your physician’s or healthcare professional’s satisfaction. 

   2. You agree to indemnify, defend, and hold harmless Licensor, its shareholders, officers, directors, employees, agents, providers, merchants, sponsors, licensors and affiliates from and against all claims, actions, demands, judgments, losses, and liabilities (including, without limitation, costs, expenses, and attorneys’ fees) by you or any third-party resulting or arising, directly or indirectly, from your use or misuse of the Application.

9. BINDING ARBITRATION.

   1. Any Dispute arising out of or relating to your use of the Application or the terms this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

   2. The party initiating the arbitration proceeding may initiate it with the American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com. If this Section 9 conflicts with the rules of the arbitration organization that the parties select, Section 9 shall govern.

   3. The Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes involving interstate commerce. However, applicable federal or state law may also apply to the substance of a Dispute.  For claims of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes (“Supplementary Procedures”) apply including the schedule of arbitration fees set forth in section C-8 of the Supplementary Procedures; for claims over $75,000, the AAA’s Commercial Arbitration Rules and relevant fee schedules for non-class action proceedings apply.

   4. To give Licensor an opportunity to resolve a Dispute through informal negotiation, prior to submission of any Dispute to arbitration, you shall submit written notice of the Dispute to the following address:

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Mieron, Inc.

ATTN: Legal Department

1750 East Ocean Boulevard, Suite 1609

Long Beach, CA  90802

 

Written notice of the Dispute shall be a necessary condition precedent to submitting the Dispute to arbitration.  Written notice shall provide Licensor with a brief, concise description of the alleged damage to you caused by the use of the Application, as well as a brief, concise explanation of how the use of the Application allegedly caused that damage.  You may not submit a Dispute to arbitration until informal negotiations between you and Licensor fail.

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1. CLASS ACTION WAIVER. YOU HEREBY WAIVE THE RIGHT TO LITIGATE IN COURT OR ARBITRATE ANY DISPUTE AS A CLASS ACTION, EITHER AS A MEMBER OF A CLASS OR AS A REPRESENTATIVE, OR TO ACT AS A PRIVATE ATTORNEY GENERAL.

2. TERM AND TERMINATION.

   1. Licensor may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

   2. You may terminate this Agreement by deleting the Application from any electronic devices owned by you and by returning the Equipment to Licensor.

   3. Your rights under this Agreement will terminate immediately, without prior notice from Licensor, in the event that you fail to comply with any provision of this Agreement.

   4. Upon termination of this Agreement, you agree to immediately cease all use of the Application and to return all Equipment to Licensor within 15 days of termination.

3. SEVERABILITY.  If any provision of this Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect to the fullest extent permissible by law. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of that provision were deleted, that part will be deemed to be deleted, and the remainder of the provision will continue in effect.

4. GOVERNING LAW.   This Agreement shall be construed and interpreted in accordance with the laws of the State of California.  To the extent that any Dispute may be raised in court as opposed to through arbitration, such claim may be brought only in a court located in Los Angeles County, California.  You hereby submit to the jurisdiction of California for all Disputes as defined by this Agreement.

5. FEE SHIFTING.

   1. Should either party initiate action against the other in arbitration, the prevailing party shall be awarded reasonable attorneys’ fees incurred in connection with such enforcement.  The arbitrator(s) shall designate the prevailing party.

   2. Should either party initiate action against the other in a tribunal other than arbitration, the substantially prevailing party (considering the relief sought and the relief achieved) shall be awarded reasonable attorneys’ fees incurred in connection with such enforcement

6. MERGER.  This Agreement constitutes the entire agreement between the Licensor and you related to the subject matter hereof and supersedes all prior oral and written and all contemporaneous oral negotiations, commitments, and understandings of the parties, all of which are merged herein.

7. MISCELLANEOUS. 

   1. Mieron reserves the right to change or modify this Agreement on a going-forward basis at any time and in its sole discretion.  If changes are made, Mieron will provide notice of such changes as appropriate. Your continued use of the Application will confirm your acceptance of the revised Agreement.  If you do not agree to the revised Agreement, you must stop using the Application.

   2. Mieron reserves the right to changes, suspend, remove, discontinue or disable access to the Application or particular portions thereof, at any time and without notice.  In no event will Mieron be liable for the removal of or disabling of access to any portion or feature of the Application. 

   3. You may not assign this Agreement or any rights granted hereunder without the prior written consent of Mieron, and any attempted assignment without such consent will be void.  Subject to the foregoing restriction, this Agreement will be fully binding upon, inure to the benefit of, and be enforceable by us and our respective successors and assigns.

   4. Failure or delay by Mieron to enforce any provisions of this Agreement or exercise any rights or options provided under this Agreement shall in no way be considered to be a waiver of that provision, right or option, or in any way to affect the validity of this Agreement.  No waiver of any rights under this Agreement, or any modification or amendment of this Agreement, shall be effective or enforceable, unless it is in writing and signed by both Parties.

   5. Unless otherwise indicated, the Application is the property of Mieron or its licensors and is protected by copyright, trademark and other laws of the United State and foreign countries.  You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Application.  MIERON® and VIRTUAL REALITY NEUROTHERAPY® are registered trademarks of Mieron.  These trademarks may not be copied, imitated or used, in whole or in part, without prior written permission.  All other trademarks, services marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners and may not be used without permission of the applicable trademark holder. 

 

 

SPLASH SCREEN LANGUAGE

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By using MIERON Experiences, you hereby warrant that you have reviewed and agree to all terms and conditions contained in the End User License Agreement for consumer use, which may be viewed here.

Before using MIERON Experiences, read the health and safety warnings provided in the VR headset instruction manual and follow all instructions for setup and use.  Review surroundings and clear obstacles before use and prevent obstacles from entering the area during use.  If you experience nausea, motion sickness, imbalance, disorientation, blurred vision or other discomfort, stop using the VR headset immediately and remove the VR headset. 

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PARENTAL CONTROLS

As the parent or legal guardian, you are responsible for monitoring your child's access to or use of PSN Services, as well as any communications made or received by your child on or through PSN Services. You are also responsible for the use of your Account by your children or others.

 

Some content may be objectionable or age-inappropriate for some users. Please consider what is appropriate for your child and check any content ratings and descriptions where available, before you access, download or purchase access to any items or permit your child to do so. You may also be able to restrict your child's access to game and video content by using restrict-content settings, if the content is rated. However, not all content is rated and parental controls may not apply to content that is not rated. In some cases, third parties provide the content ratings or descriptions for items, and we cannot guarantee the accuracy or completeness of that information. You may also be able to set other restrictions for your child's Account, including control of communication features and online accessibility. Parental control features and restriction settings differ based on the system or device you use, and are subject to availability including based on the country in which your Account is registered.

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Some content that you access on your system or device may be accessible by all users of that system or device, and parental controls on those systems or devices may not apply to certain types of content.